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1. The Defendant’s KRW 47,025,00 for the Plaintiff and KRW 6% per annum from January 11, 2019 to October 7, 2019.
Reasons
1. Facts of recognition;
A. By September 30, 2018, the Plaintiff entered into an entrustment contract with Nonparty C (hereinafter “C”) for the production of sculptures in which the words “D” is written to supply a total of 1,000 sculptures, in which the Plaintiff: (a) concluded an entrustment contract for the production of sculptures; (b) on April 16, 2018, between the Defendant and the Defendant, the Defendant manufactured and supplied 1,000 sculptures in the form of “dboard production” until September 30, 2018; and (c) the Plaintiff entered into an entrustment contract for the production of sculptures in which the Plaintiff shall pay 34,500,000 won (excluding value-added tax) in return (hereinafter “instant contract”).
B. After that, C requested the change of the type of article that C intends to produce from the “scam production method” to the “scambing method”, and according to ombudsman, the Plaintiff also extended the delivery period from September 30, 2018 to January 31, 2019 between the Defendant and the Defendant on September 30, 2018, and the price was also KRW 60,250,000 from the initial KRW 34,50,000 from the initial KRW 34,50,000 to the “scambing production method” (hereinafter “instant agreement”). The Plaintiff agreed to change the production method from the “scambing production method” to the “scambing production method” (hereinafter “instant agreement”).
C. Pursuant to the instant contract, the Plaintiff paid KRW 51,425,000 to the Defendant for the production cost of the instant sculptures four times from April 25, 2018 to January 10, 2019.
The Defendant failed to complete the production by the delivery deadline under the instant agreement, and accordingly, received notification from C as of February 21, 2019 as the Plaintiff failed to complete the production of sculptures to C.
Accordingly, the Plaintiff filed a lawsuit seeking compensation for damages equivalent to the unpaid price against C with the Seoul Central District Court 2019Kadan12600, but on December 17, 2019, the above court failed to complete the manufacture and deliver the production, and C was sentenced to the judgment against the Plaintiff on February 21, 2019 on the ground that the termination of the contract on February 21, 2019 was justifiable, and that the case is the Plaintiff.